Anti-social Behaviour, Crime and Policing Bill (HL Bill 66)
PART 13 continued
Contents page 30-39 40-49 50-59 60-76 77-79 80-89 90-99 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 200-209 210-211 Last page
Anti-social Behaviour, Crime and Policing BillPage 130
(b)
low-value shoplifting committed before that day in respect of which
proceedings have not yet been instituted.
163 Protection arrangements for persons at risk
(1) The Serious Organised Crime and Police Act 2005 is amended as follows.
(2)
5In section 82 (protection of persons involved in investigations or
proceedings)—
(a)
in the heading, for “of persons involved in investigations or
proceedings” there is substituted “arrangements for persons at risk”;
(b)
in subsection (1), for the words from “a person” to “United Kingdom”
10there is substituted “any person if he reasonably believes that the
person’s safety is at risk in view of the criminal conduct or possible
criminal conduct of another person”;
(c) after subsection (5) there is inserted—
“(5A)
In subsection (1), “criminal conduct” means conduct which
15constitutes an offence in England and Wales or Scotland, or
would do if it occurred there.
(5B)
Nothing in this section prevents a protection provider from
making arrangements under this section for the protection of a
person where non-statutory arrangements have already been
20made in respect of that person.”;
(d) subsection (6) is repealed.
(3) Sections 91 and 92 are repealed.
(4)
In section 93, paragraph (b) of subsection (1) and the word “or” before it are
repealed.
(5) 25In section 172, paragraph (e) of subsection (5) is repealed.
(6) Schedule 5 is repealed.
(7)
Nothing in this section affects arrangements made before the commencement
of this section for the purpose of protecting a person under section 82(1) of the
2005 Act.
164 30Surcharges: imprisonment in default and remission of fines
(1)
In section 82 of the Magistrates’ Courts Act 1980 (restriction on power to
impose imprisonment for default), after subsection (1) there is inserted—
“(1A)
Subsection (1)(c) above does not apply in relation to a surcharge
ordered to be paid under section 161A of the Criminal Justice Act 2003.”
(2)
35In section 85 of that Act (power to remit fine), after subsection (3) there is
inserted—
“(3A) Where—
(a) the court remits the whole or part of the fine, and
(b)
the offender was ordered under section 161A of the Criminal
40Justice Act 2003 to pay a surcharge the amount of which was set
by reference to the amount of the fine,
Anti-social Behaviour, Crime and Policing BillPage 131
the court shall determine how much the surcharge would have been if
the fine had not included the amount remitted, and remit the balance of
the surcharge.”
(3)
In section 165 of the Criminal Justice Act 2003 (remission of fines), after
5subsection (4) there is inserted—
“(5) Where—
(a)
under this section the court remits the whole or part of a fine,
and
(b)
the offender was ordered under section 161A to pay a surcharge
10the amount of which was set by reference to the amount of the
fine,
the court must determine how much the surcharge would have been if
the fine had not included the amount remitted, and remit the balance of
the surcharge.”
(4)
15Subsections (2) and (3) apply in any case where the fine, or part of it, is remitted
on or after the day on which this section comes into force.
165 Court and tribunal fees
(1)
In prescribing a fee under an enactment specified in subsection (2), the Lord
Chancellor may with the consent of the Treasury prescribe a fee of an amount
20which is intended to exceed the cost of anything in respect of which the fee is
charged.
(2) The enactments are—
(a)
section 92 of the Courts Act 2003 (Senior Courts, county courts and
magistrates’ courts fees);
(b) 25section 54 of the Mental Capacity Act 2005 (Court of Protection fees);
(c) section 58(4)(b) of that Act (Public Guardian fees);
(d)
section 42 of the Tribunals, Courts and Enforcement Act 2007 (tribunal
fees).
(3)
Before prescribing a fee by virtue of subsection (1) under an enactment
30specified in subsection (2)(a), (b) or (d), the Lord Chancellor must have regard
to—
(a)
the financial position of the courts and tribunals for which the Lord
Chancellor is responsible, including in particular any costs incurred by
those courts and tribunals that are not being met by current fee income,
35and
(b) the competitiveness of the legal services market.
(4)
For the purposes of subsection (3)(a), the courts and tribunals for which the
Lord Chancellor is responsible are the courts listed in section 1(1) of the Courts
Act 2003 and the tribunals listed in section 39(1) of the Tribunals, Courts and
40Enforcement Act 2007.
(5)
A fee prescribed by virtue of subsection (1) under section 58(4)(b) of the Mental
Capacity Act 2005 must be used to finance the efficient and effective discharge
of functions of the Public Guardian.
(6)
A fee prescribed by virtue of subsection (1) under any other enactment
45specified in subsection (2) must be used to finance an efficient and effective
system of courts and tribunals.
Anti-social Behaviour, Crime and Policing BillPage 132
(7) A statutory instrument—
(a)
containing an order or regulations under an enactment specified in
subsection (2), and
(b)
setting a fee in excess of the cost of anything in respect of which the fee
5is charged,
may not be made unless a draft of the instrument has been laid before both
Houses of Parliament and approved by a resolution of each House.
(8)
But subsection (7) does not apply if the statutory instrument only adjusts a fee
to reflect changes in the value of money.
10Part 14 General
166 Amendments
(1) Schedule 10 (minor and consequential amendments) has effect.
(2)
The Secretary of State may by order make consequential amendments to
15provisions contained in or made under any Act.
“Consequential amendments” here means amendments that are consequential
on any provision of this Act, other than the provisions listed in subsection (3)
as they apply in Wales.
“Consequential amendments” here means amendments that are consequential
20on any provision of this Act, other than the provisions listed in subsection (3)
as they apply in Wales.
(3)
The Welsh Ministers may by order make consequential amendments to
provisions contained in or made under any Act or any Measure or Act of the
National Assembly for Wales.
25“Consequential amendments” here means amendments that are consequential
on any of the following provisions as they apply in Wales—
“Consequential amendments” here means amendments that are consequential
on any of the following provisions as they apply in Wales—
(a) sections 86 to 90;
(b) 30section 92;
(c)
paragraphs 2, 7 to 10, 12 to 14, 15(4), 16, 18 to 20, 47(4) and 48 of
Schedule 10.
167 Orders and regulations
(1)
A power under this Act to make an order or regulations is exercisable by
35statutory instrument, but this does not apply to a power of the Scottish
Ministers to make an order under section 170.
(2) A statutory instrument containing—
(a) an order under section 4(5),
(b) an order under section 50(4), or
(c) 40an order under section 166(2) that amends an Act,
may not be made unless a draft of the instrument has been laid before both
Houses of Parliament and approved by a resolution of each House.
(3)
A statutory instrument containing an order under section 166(3) that amends
an Act or a Measure or Act of the National Assembly for Wales may not be
45made unless a draft of the instrument has been laid before and approved by a
resolution of the National Assembly for Wales.
(4) A statutory instrument containing—
Anti-social Behaviour, Crime and Policing BillPage 133
(a)
an order under this Act made by the Secretary of State, other than an
order within subsection (2) or an order under section 170, or
(b) regulations under this Act made by the Secretary of State,
is subject to annulment in pursuance of a resolution of either House of
5Parliament.
(5) A statutory instrument containing—
(a)
an order under this Act made by the Welsh Ministers, other than an
order within subsection (3) or an order under section 170, or
(b) regulations under this Act made by the Welsh Ministers,
10is subject to annulment in pursuance of a resolution of the National Assembly
for Wales.
(6)
An order or regulations under this Act (other than an order under section 170)
may make saving, transitional, transitory, supplementary or consequential
provision.
168 15Financial provision
There is to be paid out of money provided by Parliament any increase
attributable to this Act in the sums payable under any other Act out of money
so provided.
169 Extent
(1) 20The following provisions extend to England and Wales only—
(a) Parts 1 to 6;
(b) section 98 except subsections (2)(a)(ii) and (6);
(c) sections 106 and 107;
(d) sections 108 and 109;
(e) 25sections 111 to 118;
(f) section 121(1), (2) and (4);
(g) sections 123 to 131;
(h) sections 132 to 134;
(i) sections 135, 136 and 137(1);
(j) 30sections 140 to 142 and Schedule 9;
(k) sections 157 and 160;
(l) section 162 except subsection (7);
(m) section 164.
(2)
The following provisions extend to England and Wales and Scotland (but not
35Northern Ireland)—
(a) sections 98(2)(a)(ii) and (6) and 99;
(b) sections 100 to 102 and 104;
(c) section 121(3);
(d) section 163.
(3)
40The following provisions extend to England and Wales and Northern Ireland
(but not Scotland)—
(a) section 120 and Schedule 6;
(b) section 161.
Anti-social Behaviour, Crime and Policing BillPage 134
(4)
The following provisions extend to England and Wales, Scotland and Northern
Ireland—
(a) section 103;
(b) section 105 and Schedule 5;
(c) 5section 119;
(d) section 121(5);
(e) section 137(2);
(f) section 138 and Schedule 7;
(g) section 139 and Schedule 8;
(h) 10Part 12, except sections 157 to 160;
(i) section 165.
(5) Sections 110 and 158 extend only to Scotland.
(6) Sections 122 and 159 extend only to Northern Ireland.
(7)
Section 162(7) has the same extent as section 84 of the Armed Forces Act 2006,
15and the powers conferred by section 384 of that Act (power to extend Act to the
Channel Islands and powers to make provisions of that Act apply with
modifications in relation to the Channel Islands, British overseas territories and
the Isle of Man) are exercisable in relation to the amendment of that Act made
by section 162(7) of this Act.
(8)
20An amendment, repeal or revocation made by Schedule 10 has the same extent
as the relevant part of the Act or instrument amended, repealed or revoked.
(9)
The powers conferred by sections 177, 178 and 222 of the Extradition Act 2003
(powers to make provisions of that Act apply in relation to British overseas
territories, the Channel Islands and the Isle of Man) are exercisable in relation
25to any amendment of that Act made by this Act.
170 Commencement
(1)
This Act comes into force on whatever day or days the Secretary of State
appoints by order.
(2) Different days may be appointed for different purposes or different areas.
(3) 30Subsection (1) does not apply to—
(a)
sections 161, 165, 166(2) and (3) and 167 to 171, which come into force
on the day on which this Act is passed;
(b)
section 141, which comes into force at the end of the period of 2 months
beginning with that day;
(c) 35the provisions listed in subsection (4) as they apply in Wales;
(d) section 140;
(e) section 110.
(4)
The following provisions, as they apply in Wales, come into force on whatever
day or days the Welsh Ministers appoint by order—
(a) 40sections 86 to 90;
(b) section 92;
(c)
paragraphs 2, 7 to 10, 12 to 14, 15(4), 16, 18 to 20, 47(4) and 48 of
Schedule 10 (and section 166(1) so far as it relates to those paragraphs).
Anti-social Behaviour, Crime and Policing BillPage 135
(5)
Section 140 comes into force on whatever day the Attorney General appoints
by order.
(6)
Section 110 comes into force on whatever day the Scottish Ministers appoint by
order.
(7)
5The Secretary of State may by order make whatever saving, transitional or
transitory provision (in addition to the provision in sections 20, 31, 39, 54 and
85) the Secretary of State thinks appropriate in connection with the coming into
force of any provision of this Act, other than the provisions listed in subsection
(4) as they apply in Wales.
(8)
10The Welsh Ministers may by order make whatever saving, transitional or
transitory provision they think appropriate in connection with the coming into
force in Wales of the provisions listed in subsection (4) as they apply in Wales.
(9)
The Scottish Ministers may by order make whatever saving, transitional or
transitory provision they think appropriate in connection with the coming into
15force of section 110.
(10)
An order under this section bringing into force on a particular day a provision
which refers to the Police Negotiating Board for Scotland may, if it appears to
the Secretary of State that no body of that name will be in existence on that day,
bring the provision into force subject to whatever consequential amendment or
20transitional provision the Secretary of State thinks appropriate.
171 Short title
This Act may be cited as the Anti-social Behaviour, Crime and Policing Act
2013.
Anti-social Behaviour, Crime and Policing BillPage 136
SCHEDULES
Section 10
SCHEDULE 1 Remands under sections 8 and 9
Introductory
1 (1) 5This Schedule applies where—
(a) a judge has power to remand a person under section 8(5),
(b)
a justice of the peace is required to remand a person under section
8(6), or
(c) a court has power to remand a person under section 9(8).
(2)
10A reference in the following paragraphs of this Schedule to a judge is to be
read as including a justice of the peace.
Remand in custody or on bail
2 (1) The judge or the court may remand the person—
(a) in custody, or
(b) 15on bail.
But a person aged under 18 may not be remanded in custody unless
paragraph 6 applies.
(2)
A reference in this Schedule to remanding a person in custody is a reference
to committing the person to custody to be brought before the court at the end
20of the period of remand or at whatever earlier time the court may require.
(3) The judge or the court may remand the person on bail—
(a)
by taking from the person a recognizance, with or without sureties,
conditioned as provided in paragraph 3, or
(b)
by fixing the amount of the recognizances with a view to their being
25taken subsequently and, in the meantime, committing the person to
custody as mentioned in sub-paragraph (2).
(4)
Where a person is brought before the court after remand, the court may
further remand the person.
3
(1)
Where a person is remanded on bail, the judge or the court may direct that
30the person’s recognizance be conditioned for his or her appearance—
(a) before the court at the end of the period of remand, or
(b)
at every time and place to which during the course of the
proceedings the hearing may from time to time be adjourned.
(2)
Where a recognizance is conditioned for a person’s appearance as
35mentioned in sub-paragraph (1)(b), the fixing of a time for the person next to
appear is to be treated as a remand.
Anti-social Behaviour, Crime and Policing BillPage 137
(3)
Nothing in this paragraph affects the power of the court at any subsequent
hearing to remand the person afresh.
4
(1)
The judge or the court may not remand a person for a period exceeding 8
clear days unless—
(a) 5paragraph 5 or 6 applies, or
(b)
the person is remanded on bail and both that person and the person
who applied for the injunction consent to a longer period.
(2)
Where the judge or the court has power to remand a person in custody, the
person may be committed to the custody of a constable if the remand is for
10a period not exceeding 3 clear days.
Remand for medical examination and report
5 (1) This paragraph applies where—
(a)
the judge or the court has reason to think that a medical report will
be needed, and
(b)
15the judge or the court remands the person in order to enable a
medical examination to take place and a report to be made.
(2)
If (in the case of a person aged 18 or over) the person is remanded in custody,
the adjournment may not be for more than 3 weeks at a time.
(3)
If the person is remanded on bail, the adjournment may not be for more than
204 weeks at a time.
6 (1) If the judge or the court—
(a)
is satisfied, on the written or oral evidence of a registered medical
practitioner, that there is reason to suspect that the person is
suffering from mental disorder, and
(b)
25is of the opinion that it would be impracticable for a report on the
person’s mental condition to be made if he or she were remanded on
bail,
the judge or the court may remand the person to a hospital or registered
establishment specified by the judge or the court for such a report to be
30made.
(2) In sub-paragraph (1)—
-
“hospital” has the meaning given by section 145(1) of the Mental Health
Act 1983; -
“mental disorder” has the meaning given by section 1 of that Act
35(reading subsection (2B) of that section as if it included a reference to
sub-paragraph (1) above); -
“registered establishment” has the meaning given by 34(1) of that Act.
(3)
Subsections (4) to (10) of section 35 of the Mental Health Act 1983 apply for
the purposes of sub-paragraph (1) with any necessary modifications (in
40particular, with references to the accused person being read as references to
the person mentioned in that sub-paragraph, and references to the court
being read as references to the judge or the court).
Further remand
7
(1)
If the court is satisfied that a person who has been remanded is unable by
45reason of illness or accident to appear or be brought before the court at the
Anti-social Behaviour, Crime and Policing BillPage 138
end of the period of remand, the court may further remand the person in his
or her absence.
(2)
The power in sub-paragraph (1) may, in the case of a person who was
remanded on bail, be exercised by enlarging the person’s recognizance and
5those of any sureties for the person to a later time.
(3)
Where a person remanded on bail is bound to appear before the court at any
time and the court has no power to remand the person under sub-paragraph
(1), the court may (in the person’s absence) enlarge the person’s
recognizance and those of any sureties for the person to a later time.
(4)
10The enlargement of the person’s recognizance is to be treated as a further
remand.
(4)
Paragraph 4(1) (limit of remand) does not apply to the exercise of the powers
conferred by this paragraph.
Postponement of taking recognizance
8
15Where under paragraph 2(3)(b) the court fixes the amount in which the
principal and the sureties, if any, are to be bound, the recognizance may
afterwards be taken by a person prescribed by rules of court, with the same
consequences as if it had been entered into before the court.
Requirements imposed on remand on bail
9
20The court may when remanding a person on bail under this Schedule
require the person to comply, before release on bail or later, with any
requirements that appear to the court to be necessary to secure that the
person does not interfere with witnesses or otherwise obstruct the course of
justice.
Section 11
25SCHEDULE 2 Breach of injunctions: powers of court in respect of under-18s
Part 1 Introductory
Power to make supervision order or detention order
1
(1)
30A youth court, if satisfied beyond reasonable doubt that a person aged under
18 is in breach of a provision of an injunction under section 1 to which he or
she is subject, may make in respect of the person—
(a) a supervision order (see Part 2 of this Schedule), or
(b) a detention order (see Part 3 of this Schedule).
(2)
35An order under sub-paragraph (1) may be made only on the application of
the person who applied for the injunction.
(3)
A person making an application for an order under sub-paragraph (1) must
before doing so—
Anti-social Behaviour, Crime and Policing BillPage 139
(a)
consult any youth offending team specified under section 2(1) or, if
a youth offending team is not specified under that subsection, the
local youth offending team within the meaning of section 14;
(b)
inform any other body or individual the applicant thinks
5appropriate.
(4)
In considering whether and how to exercise its powers under this
paragraph, the court must consider any representations made by the youth
offending team referred to in sub-paragraph (3)(a).
(5)
A detention order may not be made under sub-paragraph (1) in respect of a
10person aged under 14.
(6)
The court may not make a detention order under sub-paragraph (1) unless it
is satisfied that, in view of the severity or extent of the breach, no other
power available to the court is appropriate.
Part 2 15Supervision orders
Supervision orders
2
(1)
A supervision order is an order imposing on the person in respect of whom
it is made (“the defaulter”) one or more of the following requirements—
(a) a supervision requirement (see paragraph 3);
(b) 20an activity requirement (see paragraph 4);
(c) a curfew requirement (see paragraph 5).
(2)
Before making a supervision order the court must obtain and consider
information about the defaulter’s family circumstances and the likely effect
of a supervision order on those circumstances.
(3)
25Before making a supervision order imposing two or more requirements, the
court must consider their compatibility with each other.
(4)
The court must ensure, as far as practicable, that requirements imposed by a
supervision order are such as to avoid—
(a) any conflict with the defaulter’s religious beliefs;
(b)
30any interference with the times, if any, at which the defaulter
normally works or attends school or any other educational
establishment;
(c)
any conflict with the requirements of any other court order or
injunction to which the defaulter may be subject.
(5)
35A supervision order must for the purposes of this Schedule specify a
maximum period for the operation of any requirement contained in the
order.
(6)
The period specified under sub-paragraph (5) may not exceed 6 months (not
counting the day on which the order is made).
(7) 40A supervision order must for the purposes of this Schedule specify—